In what circumstances will a court order that an employment contract must continue in good standing?
British Columbia, Canada
The following excerpt is from Philp v. Expo 86 Corp., 1987 CanLII 2476 (BC CA):
In Hill v. Parsons, Lord Denning, at p. 1350, gave an example of special circumstances that would require an order that an employment contract must continue in good standing. Suppose there is a contract of employment for five years, with a free house throughout the five years and a pension at the end of the five years. When there are only six months left in the five years, the employer gives three months' notice. If the notice has the effect of terminating the contract, whether it is adequate notice or not, the pension rights would be gone. In those special circumstances, the courts should order that the contract must remain in effect until the end of the five years, so that the employee will have a right to the pension he has done his part to earn.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
In what circumstances will a court order rescission of a contract where the contract for sale of land has been executed? (British Columbia, Canada)
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
In what circumstances will a court order that the proceeds of a sale of machinery be returned to the court as proceeds of the sale of the machinery for damages? (British Columbia, Canada)
In what circumstances will the Supreme Court of Canada order an order to demolish or demolish a building that was being built without planning permission? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
If an employer loses trust in an employee as a result of an employer's orders, in the matter of substance being willfully disobeyed and met with insubordination, can an employer dismiss the employee? (British Columbia, Canada)
